CITY COUNCIL MINUTES

                                                                               

DECEMBER 20, 2007

 

The meeting was called to order by President Pleasant at 7:00 p.m.

 

MEMBERS PRESENT:  Ms. Sellers, Mr. Fogt, Mr. Pleasant, Mr. Burke, Mr. Reams, Mr. Gore

Excused:  Mr. Marshall  (Arrived at 7:35 p.m.)

 

OTHERS PRESENT:  Director of Administration House, Finance Director Morehart, Assistant Law Directors Moledor and Eufinger, Clerk Patterson

 

REPORTERS PRESENT:  Ryan Horns-Journal Tribune

 

CITIZENS PRESENT:  Peter Griffin, Alan Seymour, Heather Ferguson, Michael Inskeep

 

APPROVAL OF MINUTES:  There being no additions or corrections, the minutes for the meeting on December 6, 2007 were approved as written.

 

ADMINISTRATIVE REPORT:  Ms. House wished everyone a Merry Christmas and Happy New Year.

 

REPORT OF CLERK OF COUNCIL:  No report.

 

REPORT OF PLANNING COMMISSION:  Mr. Alan Seymour reported on the November 19 Special Planning Commission meeting.  The Commission met for the purpose of due diligence review of the Comprehensive Plan.  They assessed the commercial, retail and the office areas identified in the Comprehensive Plan. They did an overview of what has evolved over the last seven years to see how it has aligned, how it hasn’t aligned, where the deviations have been and has it evolved in the right way.  The conclusion was they believed that the things that have evolved have been the right way; that good things have come out of it.  They went further to do some hypotheticals to assess what if, in this location this occurred and it didn’t align perfectly with the Comprehensive Plan, however, it makes good economic sense for the community and the project is right, how they would proceed.  Would Planning Commission be in favor of it, even though it deviates from the plan and would they approve it.  Consensus was what they’ve done in the past seems to have made sense, and they would probably do the same thing in the future.  No specifics were taken away from the meeting, but it was the very purpose of just reviewing where we’ve come from and how we would anticipate going forward. 

 

At the December 3rd Planning Commission meeting, two projects were reviewed, the rezoning of BR to B-1 along Mill Road and the sketch plan for Cook’s Crossing.  The sketch plan had been tabled for better clarification of percentages of land use, better clarification of information that’s required by the Code.  This time around with their assessment, the sketch plan did pass.  A few road arrangements were made, some percentage adjustments on usage were made, and it did pass unanimously.  The next stage of this project is to proceed to the Preliminary Development Plan. 

 

The rezoning of BR to B1, which is on Council agenda this evening, had a lot of discussion by Planning Commission.  The outcome was a 4 to 3 vote in favor of the rezoning.  It was a difficult one for a large retail concern being across the road from a residential neighborhood, as well as infrastructure.

 

HEARING OF CITIZENS:  Ms. Heather Ferguson addressed Council about a traffic concern at Edgewood Elementary.  She has lived on Grove Street for eight years and this is the first time there has been a traffic issue in the area.  The problem is primarily in the afternoon, between 3:30/3:45 p.m.  She noted Creekview School’s hours changed this year and they are dropping off the kids on Edgewood Drive, and they’re walking to where they should be able to safely cross the crosswalk.  There are school buses crossing in the opposite lane of traffic from both directions; there are cars and semi trucks.  She talked to the principal about it.  When going to pick up her son, she can barely get past the crosswalk because of all the traffic going in the opposite direction.  Her husband talked to a police officer and was told there was nothing they could do about it because of all the other schools doing the same thing.  She noted the Middle School and High School don’t have this problem.  The crossing guard is not there when Creekview kids get dropped off.  She fears someone is going to get hit.  Ms. House will talk to the Police Chief.

 

ORDINANCES

 

The ordinance “TO CREATE CHAPTER 1110, PROPERTY OWNERS ASSOCIATIONS, TO BE PART OF THE CITY OF MARYSVILLE’S PLANNING AND ZONING CODE” was presented for third reading, public hearing.  Mr. Reams asked what would happen in a subdivision that has a 15 acre park that is dedicated for public use, how is that handled.  He noted the amendment changed the restricted open space, common areas, etc. from “may” to “shall.”  Some subdivisions have dedicated open space as parkland, like Mill Valley.  When that is dedicated to the City, it shouldn’t say “shall” be held by the property owners.

 

Mr. Gore said the language was changed to “shall” to make it mandatory for a homeowner’s association.

 

Mr. Reams agreed that if there is a small half-acre open space or reserve, that would be left to the property owner’s association, but if there is a 15 acre park, it should be dedicated to the public and the City; therefore the City would maintain it. 

 

Mr. Reams would like an opinion before or at the next meeting.  Mr. Reams moved to table to date specific, January 10, 2008 and the question put, stood:

 

Ms. Sellers  YES  Mr. Fogt  YES  Mr. Pleasant  YES  Mr. Burke  YES  Mr. Reams  YES  Mr. Gore  YES

 

Motion passed.

 

The ordinance “AUTHORIZING APPROPRIATION TRANSFERS IN FIRE AND IN THE SEWER FUND AND MODIFYING THE ANNUAL BUDGET IN ACCORDANCE WITH THESE APPROPRIATIONS” was presented for third reading, title only.  Mr. Burke moved to pass the legislation and the question put, stood:

 

Mr. Fogt  YES  Mr. Pleasant  YES  Mr. Burke  YES  Mr. Reams  YES  Mr. Gore  YES  Ms. Sellers  YES

 

Ordinance 77-07 passed.

 

“AN ORDINANCE REPEALING AND REPLACING CHAPTER 721 OF THE CODIFIED ORDINANCES OF THE CITY OF MARYSVILLE “CABLE TELEVISION SYSTEMS” AND REPLACING THE CHAPTER 721 “VIDEO SERVICE AUTHORIZATIONS” IN ORDER TO COMPLY WITH THE ENACTED OHIO SENATE BILL 117” was presented for second reading, public hearing.  Mr. Fogt moved to waive reading in full; affirmative voice vote was unanimous.

 

The ordinance “TO REZONE 18.555 ACRES, MORE OR LESS, LOCATED AT 17779 SR 31 AND 17255 MILL ROAD FROM BR (BUSINESS RESIDENTIAL) TO B-1 (SERVICE BUSINESS DISTRICT) was presented for first reading, title only.  Mr. Seymour stated this was discussed at the December 3rd Planning Commission meeting.  Outcome was a 4/3 vote in favor of the rezoning.  The neighborhood was well represented and had concerns with residential across the street.  He said the reason why it was zoned BR originally was because of a couple of residential homes located in that area.  B-1 is a stronger business environment.  Concerns with this rezoning are infrastructure, traffic, access onto Mill Road conflicting with residential traffic, truck traffic, etc.  Lighting was also a concern with the residential neighborhood. 

 

Mr. Fogt asked if Mill Road could be widened.  Mr. Seymour said yes, assuming the right-of-way is there.  He said it would be a serious concern at the development stage.  Mr. Fogt commented that there is a B-1 area and a BR area left at each end of the property, which would add to the traffic even more than just the Kroger store.

 

Mr. Donald Plank, attorney for the applicant, addressed Council.  He said the proposal is to put a Kroger store in that location.  He confirmed that there is existing B-1 and then there is a part that they, at one time, had planned to keep as BR.  One of the conditions from the Planning Commission is that it be combined and all of it be zoned B-1.  Mr. Plank explained that they are just going through the zoning process.  There is second review, which is the development plan.  He spoke to the issues raised, traffic, widening of the road.  The road can be widened.  There is limited access along 31, which they cannot get additional access on, but Mill Road can be widened.  Mr. Plank plans on answering questions in advance of the detailed Development Plan so the neighbors feel comfortable about what is going on with the development.  B-1 is the best zoning for this property because the property is up against 33 and 31, and B-1 is more a business zoning.  Feels it’s better for Kroger to develop the whole site rather than piece by piece.  It ends up being a better developed site, which makes them better able to do road improvements. 

 

Ms. Sellers said the map she has shows Kroger on part of the property, which conflicts with what Mr. Plank said.  Mr. Plank said B-1 zoning would permit a Kroger now.  The applicant’s plan is just the Kroger site and that piece does need to be zoned from BR to B-1.  Mr. Plank’s client will own the entire piece.  Casto is the developer.  A portion of the property will be the Kroger store.  Casto will own the remaining part of the property.  Depending on what interest Kroger gets with other users on that property will depend on how the rest of the property develops.  They have no particular plan for the development of that site yet, except for the Kroger store.  A Public Hearing was scheduled for January 24, 2008.

 

The ordinance “AUTHORIZING THE ISSUANCE OF NOT TO EXCEED $2,800,000 OF NOTES IN ANTICIPATION OF THE ISSUANCE OF BONDS FOR THE PURPOSE OF PAYING COSTS ASSOCIATED WITH CONSTRUCTING, SURFACING AND IMPROVING CITY STREETS, WITH RELATED EQUIPMENT AND ALL NECESSARY APPURTENANCES, AND RETIRING NOTES PREVIOUSLY ISSUED FOR SUCH PURPOSE” was presented for first reading, title only.  Mr. Morehart explained that this note matures in March.  This legislation will permit him to roll those notes after the paydown.  He will pay down about $800,000 next month. 

 

COMMENTS OF THE MAYOR AND COUNCIL PERSONS AND GENERAL DISCUSSION

 

1.     Parks & Recreation Representative – Mr. Reams announced that the Frozen Nose 4-Mile Race would be held on Saturday, January 12, 2008.  Registration begins at 11:00 a.m. and the race at noon.  Mr. Conley is looking for volunteers to help with the race.  Please contact him if you can help.

 

Ms. Sellers thanked Mr. Burke and Mr. Pleasant for serving with her.  She learned a lot from both of them.  She appreciates both of their leadership styles and Mr. Burke’s optimistic nature.  He really got a lot of things done.  She complimented Mr. Pleasant on his negotiation and facilitator skills, plus the professionalism he has brought to Council meetings.  She added she is looking forward to serving with Mrs. Groat and Mr. Taylor. 

 

Mr. Fogt thanked Mr. Burke and Mr. Pleasant for their service to the City.  He appreciates their dedication and hard work.  Merry Christmas and Happy New Year to everyone.

 

Mr. Burke thanked his peers on Council.  A lot of difficult issues were started four years ago and feels the City is a much better place than it was four years ago.  Council has done their job.  He appreciates City Administration’s help.  Most thanks go to the voters who allowed him to serve on City Council.  It has been a completely enjoyable experience.  He is moving on, hopefully in the Primary in March, for Republican nomination for the State House.  He looks forward to serving his community in another form.  Regardless of the outcome of that race, he looks forward to serving his community in whatever capacity is deemed necessary for him.

 

Mr. Reams reported that as part of the Public Safety Committee, he and Mr. Marshall, along with the Fire Chief, Assistant Fire Chief and representatives from Administration toured three fire stations in Central Ohio.  It was very interesting. Saw different designs.  It was good to hear the people talk about what they liked and especially what they didn’t like about their stations; it was very helpful. 

 

Mr. Reams noted this is the 5th year for the Frozen Nose 4-Mile Race, so it’s an anniversary year.  One thing that’s a little different this year from the others is a company is going to make custom running socks with a frozen nose logo knitted into the cuff.

 

Mr. Reams thanked Mr. Pleasant and Mr. Burke.  They will be missed.  He enjoyed working with both of them.  He welcomed Debbie Groat and Nevin Taylor and looks forward to working with them the next four years.  Merry Christmas and Happy New Year to everyone.

 

Mr. Gore said it’s been enjoyable working with Mr. Burke.  He has brought a lot to the table for City Council.  Mr. Gore added that Union County needs our own State rep and here’s an opportunity for us to get one. 

 

Mr. Gore, Ms. Sellers, Mr. Fogt and Mr. Reams presented framed Commendations to Mr. Burke and Mr. Pleasant from the City Council Members.

  

Mr. Gore thanked both Mr. Burke and Mr. Pleasant.  It has been a tremendous experience, and he looks forward to calling on them in the future when assistance is needed to continue to help improve the City of Marysville.

 

Mr. Pleasant stated that since he and Mr. Burke would be leaving Council, that would leave no President or Vice President for the first meeting in January.  He appointed John Gore as Acting President to convene the first meeting in January, at which time elections will be held. 

 

Mr. Pleasant thanked his wife and daughter for the time they allowed him to participate on Council.  He has enjoyed serving on City Council.  He acknowledged his best friends, the McMannis’s for attending and for Mr. McMannis’s support.  Mr. Burke has been very helpful to him this year.  He wished him the best of luck and committed his support.  John, Mark, Leah, Dan – he couldn’t ask for a better year.  Everyone was very cooperative and felt

Council had a very good year.  He thanked Administration for all their help.   Also appreciated all the efforts the Law Directors provide.  “Over the last six years, there was a learning curve.  This is an old science teacher and I didn’t have much social studies background, but I certainly enjoyed trying to affect change and work with people in trying to see changes.  I think we’ve made some changes; we got some challenges ahead of us.  I really do feel the City is heading in the right direction.  I think we’ve addressed a lot of the problems that needed to be addressed. We need to continue to do that.  As we grow, we need to make sure that we do that within the premise of this town.  I came here in 1969, population of about 6,000 and have seen the growth that has taken place.  Some of the small town has vanished a little bit, but we need to make sure that this is a good place to live.”  He thanked everyone for being patient.  He thanked Mr. Marshall for all his efforts. 

 

ADJOURNMENT:  There being no further business to come before Council, the meeting adjourned at 7:38 p.m.